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Campos v. Yates

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 10, 2009

RALPH WILLIAM CAMPOS, PETITIONER,
v.
JAMES A. YATES, RESPONDENT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING AS MOOT PETITIONER' S MOTION FOR EXTENSION OF TIME FOR REQUESTING ISSUANCE OF A CERTIFICATE OF APPEALABILITY

(Doc. 21)

Petitioner is a state prisoner proceeding pro se in an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On May 21, 2008, the Magistrate Judge filed a Findings and Recommendations to dismiss the petition. (Doc. 15). On July 8, 2008, the Court entered an order adopting the Magistrate Judge's Findings and Recommendations and dismissing Petitioner's application for a writ of habeas corpus. (Doc. 17). Judgment was entered on July 8, 2008. (Doc. 18).

On August 14, Petitioner filed a notice of appeal (Doc. 22), and, at the same time, also filed the instant motion for extension of time to file his request for issuance of a certificate of appealability. (Doc. 21). On August 20, 2008, the Court declined to issue a certificate of appealability, thus making moot Petitioner's request for an extension of time to request issuance of a certificate of appealability. (Doc. 24).

For the foregoing reasons, the Court HEREBY ORDERS that Petitioner's motion for an extension of time to request issuance of a certificate of appealability (Doc. 21), is DENIED as MOOT.

IT IS SO ORDERED.

20090910

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